Section 231.102. Small business

(a) Under section 5(c) of the act (43 P. S. § 333.105(c)), an employer who has an employee complement comprised of the equivalent of ten or less full-time employees shall pay the following wage rates to all employees for all hours worked subject to exclusions and exemptions contained in the act and in this chapter:

(1) Until December 31, 2006, $5.15 an hour.

(2) Beginning January 1, 2007, $5.65 an hour.

(3) Beginning July 1, 2007, $6.65 an hour.

(4) Beginning July 1, 2008, $7.15 an hour.

(5) Beginning July 24, 2009, $7.25 an hour.

(b) The equivalent of ten or less full-time employees is calculated on a 40-hour workweek. A workweek is a period of 7 consecutive days starting on any day selected by the employer.

(c) If the total number of hours worked by all employees in a workweek exceeds 400 hours, the employer may not utilize the minimum wage contained in subsection (a). All of the following also applies:

(1) An employer may be ineligible for the minimum wage contained in subsection (a) if the total hours worked is less than 400 hours per workweek if the employer classifies employees as full-time and the employees work less than 40 hours per week according to the employer’s customary and regular practices.

(2) An employer’s customary and regular practice is the employer’s normal practice over time for scheduling and payment of employees.

(d) An owner is not considered an employee under this section. An employee includes all of the following:

(1) A manager.

(2) A supervisor.

(3) An officer.

(4) An individual employed by the employer.

(e) An employer is any individual, partnership, association, corporation, business trust or any person or groups of persons acting, directly or indirectly, in the interest of an employer in relation to any employee.

The provisions of this § 231.102 adopted October 27, 2006, effective October 28, 2006, 36 Pa.B. 6547; amended September 7, 2007, effective September 8, 2007, 37 Pa.B. 4880. Immediately preceding text appears at serial pages (323200) to (323201).